Rajasthan Court July 1990 Judgments
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Commissioner of Income-tax Vs. Multimetals Ltd.
Court: Rajasthan
Decided on: Jul-31-1990
Reported in: [1991]187ITR98(Raj)
1. This is a reference petition under Section 256 of the Income-tax Act, 1961, submitted by the Commissioner of Income-tax. A prayer has been made that the Tribunal may be directed to make a reference on the following questions of law for the opinion of this court: '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessment order passed under Section 143(3)7263 on July 22, 1982, was not included in the definition of regular assessment (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the issue of chargeability of interest under Section 215 was not a debatable one and fell within the purview of Section 154 of the Income-tax Act, 1961 ?' 2. Assessment of the assessee, non-petitioner, for the assessment year 1977-78 was finalised by the Income-tax Officer, A Ward, Kota, on March 31, 1978. No directions were given under Section 215 for charging of interest. 3. The Commissioner o...
Saukhan Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-31-1990
Reported in: 1990(2)WLN97
A.K. Mathur, J.1. These writ petitions mentioned in the Appendix are disposed of the common order as all the learned Counsel have submitted that they involve common question of law, therefore, arguments were heard of the learned Counsel on this common question of law and they are disposed of fey this judgment.2. In order to appreciate the controversy involved, the facts of D.B. Civil Writ Petition No. 1786/86 Saukhan v. State of Rajasthan and Ors. were taken into consideration.3. Petitioner is a resident of Jaisalmer and he filed a Revenue suit Under Section 88 of the Rajasthan Tenancy Act in relation to Khasra No. 101 measuring 160 Bigha situated in village Dhoorsar, Tehsil Pokaran, District Jaisalmer after giving notice Under Section 80 of the Code of Civil Procedure in the Court of Assistant Collector, Pokaran. It is alleged in his suit that the petitioner is in possession of this field since generation as tenant. It is alleged that the petitioner was paying rent of the land to the ...
Smt. Neelam JaIn Vs. Panchayat Samiti
Court: Rajasthan
Decided on: Jul-31-1990
Reported in: 1990(2)WLN338
I.S. Israni, J.1. Heard. It is submitted by Shri S.K.Jindal, learned Counsel that petitoner is working as Assistant Teacher and is in occupation of a premises belonging to Panchayat Samiti. It is submitted that another premises were allotted to her for occupation, but instead of that she occupied the disputed premises in 1985 and continues to live in the same. It is submitted that order for eviction dated 23.1.90 has been passed by learned Additional District & Sessions Judge, Bundi under the provisions of Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964 (for short 'the Act, 1964'). The learned Counsel contends that the notice Under Section 4 of the Act, 1964 is not in accordance with law as even though the petitioner is occupying the premises unauthorisely, the ground mentioned is that she should vacated as she has been transferred. It is also submitted that the S.D.O. who acted as Estate Officer had no authority to take the proceedings under the Act, 1964 beca...
Kurban Ali and ors. Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jul-30-1990
Reported in: 1991CriLJ3062; 1990WLN(UC)167
N.L. Tibrewal, J.1. This appeal is directed only against a part of the order passed by the learned Addl. Sessions Judge, Udaipur in Criminal Appeal No. 68/1976, so far it relates to the delivery of one necklace of gold.2. The facts of the case are that, in the night intervening 23rd and 24th of May 1970, theft of various articles was committed in the house of appellant Kurban Ali Bohra. Several articles are alleged to have been taken away by the miscreants including one necklace of gold. The case was registered on 24-5-70 at Police Station Dhanmandi (Udaipur). The police submitted charge-sheet against 9 accused persons, including respondent Hasanshah. All the nine accused faced trial and the learned Magistrate after completion of the trial, vide judgment dated 1-12-75, convicted the respondent Hasanshah and other co-accused persons under Section 411, IPC. As we are not concerned with the finding of conviction of the accused persons, I need not go in details about the merits of the case...
Jatan Singh Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jul-27-1990
Reported in: 1990(2)WLN64
I.S. Israni, J.1. This revision petition has been filed against the judgment dated July 6, 1990, passed by the learned Additional Sessions Judge, Alwar (Court No. 1) in Criminal Appeal No. 131/88, where by the conviction Under Sections 415/467/109 & 471, IPC, passed by the trial court was affirmed, but the sentence was reduced Under Section 467/109, IPC, from two years rigorous imprisonment to one year's simple imprisonment and fine amounting to Rs. 200/- was maintained, in default of which, the petitioner has to undergo 20 days simple imprisonment. Under Section 471, IPC, the conviction of one year simple imprisonment and fine of Rs. 100/-, in default of which, the petitioner has to undergo 10 days; further simple imprisonment, as matained.2, Briefly, the complainant-respondent No. 2 filed a compaint in the court on April 5, 1975, stating that petitioner was tenant in his house since 1974 but he paid rent for short period and, thereafter, neither paid rent, nor vacated the house. It w...
Lal Singh and 2 ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-27-1990
Reported in: 1990WLN(UC)444
Mohini Kapur, J.1. The petitioners were convicted by the Munsif and Judicial Magistrate, Kishangarhbas for various offences and their conviction has been maintained by Additional Sessions Judge, Kishangarhbas. Against this, they have preferred this revision.2. The dispute in the case revolves around Khasra No. 261 (old) in village Sheelpatta. This land originally belonged to one Bhuri Singh and it is alleged that he executed an agreement to sale in favour of the accused petitioners in or about the year 1970. However, he sold this land to the complainant party in the year 1972 by a registered sale deed. Thereafter, dispute arose between the parties and proceedings Under Section 145 Cr. PC were taken and/suit was filed before Assistant Collector and Executive Magistrate Kishangarhbas also from where the petitioners could not get a stay order in their favour.3. On 26.12.1974, an altercation took place between both the groups and cross FIR's were lodged by both the parties at Police Statio...
Jamali and ors. Vs. Lakha Ram and ors.
Court: Rajasthan
Decided on: Jul-26-1990
Reported in: 1991ACJ27
Milap Chandra, J.1. This appeal has been filed under Section 110-D, Motor Vehicles Act, 1939 against the judgment and award passed by the Motor Accidents Claims Tribunal, Jodhpur, dated August 6, 1988 by which Rs. 98,200/- has been awarded as compensation to the claimant-appellants. The facts of the case giving rise to this appeal may be summarised thus.2. On February 4, 1986 at about 7.30 p.m., the deceased Bachhu Khan alias Allabachay was returning to his village on his cycle after selling milk in Phalodi. The respondent No. 1 Lakha Ram came driving his truck No. RNM 3654 from the opposite direction rashly and negligently and dashed against the deceased after coming to his wrong side of the road.As a result thereof, Bachhu Khan died on spot and his cycle was damaged. His heirs filed a claim petition claiming Rs. 7,60,400/-as compensation stating that the deceased Bachhu Khan, who was 40 years old at the time of the accident, was earning Rs. 50/- to Rs. 60/- per day by selling milk, R...
Thanwara Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-26-1990
Reported in: 1990(2)WLN150
N.L. Tibrewal, J.1. The appellant was convicted Under Section 459 IPC and sentenced to three years R I. and a fine of Rs. 50/- by Shri D.C. Hajela, learned Scissions Judge, Dungarpur, vide his judgment dated September 28,1979. Aggrieved against his conviction and sentences, the appellant has preferred this appeal.2. The facts of the case are that a report was lodged at Police Station Dungarpur at 5.30 p.m. eon 17-5-1979. This report was made by Smt Durga P.W. 1. In the said report it was alleged by her that she was sleeping at the house of her 'Jethani' (wife of husbands elder brother), while she was sleeping, on a cot her 'Jeth' Soma his wife Smt. Tulsi & Soma's son Gautam were also sleeping at the same place. It was further stated in the reprot that at 1.00 a m, in the night of 16-5-1979, the appellant Thanwara came and inflicted a lathi blow on her face, on account of which one teeth was broken. It was also stated in the report that on her cry, Soma, Smt. Tulsi and Gautam work up an...
Gaje Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-26-1990
Reported in: 1990WLN(UC)467
A.K. Mathur, J.1. This is an appeal directed against the judgment and conviction of the accused-appellant Under Sections 302, 326 and 324 IPC, Under Section 302 IPC accused- appellant has been sentenced to life imprisonment and Under Section 326 IPC 3 years' R.I. and Under Section 324 IPC six months' R.I. All the sentences have been directed to run- concurrently.2. Brief facts, giving rise to this appeal are; Deceased Balaram was resident of Bhakri. On the night intervening between 12th and 13th June, 1976 he was sleeping at his house along with his son Amraram aged 5 years. His wife PW 7 Sarki was also sleeping along with her small daughter nearby. At the dead of night suddenly some one came armed with a sword and gave a fatal blow to deceased Balaram, as a result of which he died and that sword blow also injured Amraram. PW 7 Sarki immediately got up and cried for help. It is alleged that on that relevant time some 'Jagaran' was going on in the temple of Hanumanji and Birdaram, Jorar...
Talla Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-25-1990
Reported in: 1990(2)WLN155
N.L. Tibrewal, J.1. Both these bail applications can be decided together as they arise of the same in FIR No. 159/89 registered at Police Station Sadulshar. There are cross cases in which both the parties have used gunfires against each others.2. From the side of the complainant one person, namely, Sukhminder Singh died and three other persons had sustained pallet injuries. From the side of the accused also five persons have sustained gun fire injuries. It is the admitted case that co-accused Jagjit Singh is the author of the gun fire injury to the deceased Sukhminder Singh and it is also the admitted case that none of the petitioners in these two bail applications had caused any injury to the deceased How ever the accusation against these petitioners is that they made gun fires causing injuries to other persons.3. Learned Counsel for the petitioners, Shri S.R. Bajwa, has contended that the case of the present petitioner is in no way distinguishable to that of co-accused Dilbagh Singh ...
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